Fatwa ID: 02269

Answered by Moulana Javed ibn Nazir Kachhalia

Question:

Assalamu alykum,

My question is regarding a situation where my husband has given talaaq bt we are not sure if it needs to be finalised. He firstly gave me a written talaaq in extreme anger n then destroyed it.He did not hand it over physically to me. Second talaaq was given after reconciliation after a period of 8months again in extreme anger verbally. Third time i was pregnant when he verbally said it in extreme anger again. the extreme anger was due to a step son who had created a situation. Within 4weeks from that incident  i miscarried .

I would appreciate any guidance in this matter since.we really do not want to seperate bt are in extreme confusion at this moment .Any additional information needed plz feel free to contact.

shukran

Answer:

Waleikum Salaam Respected Sister;

After contacting you, few points were clarified:

• He wrote the divorce letter, but he didn’t hand it to you. After the paper was torn, you checked the pieces and you came to know that he had written a divorce letter.
• He regretted his actions and retreated back within a month or so.
• The second time he gave you divorce, he said the words of divorce twice.
• He again regretted his action and reconcile within a month or so.
• Third time he gave you divorce, again he mentioned it twice.

In regards to your query, we will have to look at this from different points and we will need to give answers in accordance to different scenario.

1. In terms of written divorce. There are two types:

1. That which has been written clearly
2. That which hasn’t been written clearly

In this scenario, category ‘A’ will be taken in to consideration.

Therefore it’s mentioned in ‘Fatawa Hindiyyah’ (estimate translation:

“If the husband has written a divorce letter, divorce will take place, regardless if he intended or not. After writing the divorce letter, it is not necessary to reach, because as soon he has written the letter and the divorce words, divorce has taken place”. (Fatawa Hindiyyah Vol 1, Pg 414, Darul Kutoob Alamiyyah-Beirut)

So even though it was disposed and torn apart, one divorce has taken place.

Therefore, if your husband did rujoo (retreated) and accepted his mistake and reconcile with you before your idddah (there menstrual cycles), you will still be in his Nikah and marriage.

Remember, by the husband doing rujoo and retreating back, this does not void or nullifies the previous divorce.

After doing rujoo with the wife before her iddah, the wife will be permissible and lawful for the husband, but the number won’t be nullified and therefore one divorce will be counted. (Ahsanul Fatawa Vol 5, Pg 158, Yahya Book Depot)

2. Divorce in anger

1. A man is conscious of what he is saying and also understands the statement, even though he is angry, in this case divorce will take place.
2. The extreme anger in which a man becomes insane. He is not conscious where he is and what he is doing. In this case divorce will not take place.
3. In between of the above two. Extreme anger, but he was still aware that what he was doing and saying. In this scenario divorce will take place.

(Raddul Mukhtar Vol 4, Pg 452, Daru Aalimul Kutub)

In the above-mentioned points, usually the anger doesn’t reach the insanity level therefore divorce takes place.

Next stage:

You mentioned that after of period of reconciliation after few months or so your husband gave you divorce again. After contacting you, you confirmed that he said it the divorce words twice.

Therefore, divorce has taken place, and now this divorce has gone to the extend of ‘Talaaq Mugallazah’, in which you are not more permissible and lawful for your husband (as we explained above the initial divorce hasn’t been voided).

3. Divorce during pregnancy

As per studying your case, we come to know that complete divorce had taken place on the second scenario.

So from that time you were unlawful for your husband, therefore the scenario in giving divorce won’t not even be consider.

But just for information, during pregnancy if the husband divorces his wife, divorce will still take place.

Its been quoted in ‘Fatawa Darul Uloom Deoband’:

“Divorce during pregnancy will be valid, and the Iddah will be the birth of the child” (Fatawa Darul Uloom Deoband, Vol 9, Pg 70, Darul Isha’at)

I hope the information given has clarified your query and questions.

Only Allah knows best.

Moulana Javed ibn Nazir Kachhalia

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham